论附理由否认及其义务化-法律学专业论文.docxVIP

2 2 1 1 对完善我国民事诉讼中的附理由否认义务提出了几点建议。 关键词：附理由否认；争点；证明责任；义务化；诚实信用原则 Abstract In Civil Litigation, Denial is negative statements refers to the claims of the other party. As a responses to the fact proposition of the other party, denial appeared frequently in civil procedure, this conception only exist in such situation that the other party bear the burden of proof of certain facts. The significance of denial is that bear the burden of proof of the parties must to actively provide relevant evidence to prove the cause of the request in order to let the court convinced the fact of the claim. Denial can be divided into purely denial and denial containing reasons, compared with the purely denial, denial containing reasons can shaped the point in dispute to ensure direction and purpose of the evidence investigation of the Court, thus preventing meaningless evidence investigation and saving the time of trial, it is good for concentrated trial and promote the reconciliation between the parties. The body of this thesis consists of four parts: The first part is about the conception of denial containing reasons. Denial containing reasons is the negative form for the purely denial, this part of the thesis introduces the definition and content of denial containing reasons, summarizes the significance of denial containing reasons in civil procedure. At the same time, in order to better grasp the characteristics of denial containing reasons, this party also analyses the relationship and difference between denial containing reasons and defense. The second part discusses the meanings and legal basis of the obligation of denial containing reasons. Fist, interprets the meaning of the obligation of denial containing reasons, In combination with the relevant provisions of the civil procedure of Germany and Japan and the related theory in Taiwan, this part analyzes the phenomenon that denial containing reasons becomes mandatory. Furthermore, this article seeks to establish the theory basis of